Teen faces consequences for role in levee homicide; boy was 12 when he intimidated a witness, prosecutor says

WATSONVILLE - He was 12 years old when he acted as a lookout for gang members who beat and stabbed a homeless man to death on the Pajaro River levee, and later threatened a 40-year-old woman not to talk to police about it, prosecutors say.

The boy, whom the Sentinel is not naming because he is a juvenile and is not being tried as an adult, was in court Friday to face sentencing on charges of intimidating a witness and being an active gang member.

Now 13, the teenager sat at a table beside his attorney, fidgeting and looking down at times as a few adults debated his future.

His mom sat in the audience, across the aisle from Watsonville Police Chief Manny Solano, two lieutenants and other officers.

The teenager is one of eight males charged in relation to the April 2009 slaying of 44-year-old Jose Marie Barajas, 44.

The teen and another boy, then 14, whom the Sentinel is not naming because he is a juvenile, were tried as juveniles for allegations of gang involvement, acting as a lookout and witness intimidation, prosecutors said. The older teen is scheduled to be sentenced Monday in Juvenile Court in Watsonville.

Authorities allowed reporters to attend the normally confidential Juvenile Court hearing because the charges are on a list of serious offenses that trump a minor's right to confidentiality, attorneys said.

After arguments from both attorneys, and a probation recommendation that the 13-year-old serve 100 hours of community service, Judge Denine Guy said she was disappointed in the teen's progress over the past 17 months. But Guy released him for 45 days while she researched a possible camp placement and looked into his home life.

The other suspects facing murder charges as adults are Jose De Jesus Carrillo, 41; Manuel Meza, 20; Jose Zavala, 19; Daniel Martinez Gomez, 16, and Daniel Mendoza, 15. All are suspected gang members except Carrillo, a transient who said he was angry at Barajas for damaging his tent, prosecutors said.

Trials are set for later this year.

Prosecutor Celia Rowland said the group brutally beat and stabbed Barajas in part because he claimed to head a homeless camp that was in the gang's River Park territory.

Barajas was stabbed three times and badly beaten, police said. At least five blows to his head with sticks or metal rods caused a mortal head injury, a crime scene investigator testified.

Since the slaying, the 13-year-old has been restricted to his home and placed on electronic monitoring; his family moved away from the park area after Guy ordered he not live near there.

His attorney, Ed Sidawi, said he is doing well in school and has changed his ways.

But Rowland was fierce in her argument against a sentence of only community service, saying it would send a message to gang members that young teens can commit crimes without consequences. Such a light sentence would disrespect Barajas's memory and his family, as well as the woman who was threatened, she said.

She argued that the teen should be sent to an out-of-state "Ranch Camp," where he "might learn something."

Rowland said the teen recently lied about his involvement in the murder and his gang associations. But he has a record of gang involvement back to age 10 and stole a car at age 11 with an older founder of the park area gang, she said.

And his record as a 12-year-old is worse, she said.

"For a 12-year-old to approach a 40-year-old woman and have the temerity to threaten her if she called police is beyond unacceptable," Rowland said. "It's a life crime for an adult. And in this case, (he) has shown no remorse. He couldn't demonstrate more clearly that he doesn't get it.

...And the consequences are what? That you have to stay home and can't go out and play with your gang buddies? It's outrageous; this is almost akin to a pass."

Sidawi argued that juvenile "dispositions" cannot be based on sending a message to the community, and that the outcome must be based on rehabilitation.

He said the teen has a somewhat confused memory of the incident and was not trying to dodge responsibility. He his getting top grades in school and has promised to graduate from high school, he said.

"I've seen a real change in (him)," Sidawi said. "He's never been a more excited, positive person than he is today."

But the judge said she was disappointed with his denial of marijuana use, gang affiliation and other failures to admit responsibility. She called it a tragic case and said the teen does not seem to have gotten much out of the past 17 months because he has not acknowledged what he needs to change.

"This is a unique case because of (his) age and because the consequences of his actions are extreme," she said. "...I'm very concerned about his future."

She said she was required to place him in the least restrictive environment, but that she wanted to research his home life and a proposed camp. She said he could live at home without a monitor for the next 45 days, but must follow several probation terms including not associating with gang members, owning any red clothes or going to the park.

"I want to see what he does with his newly found freedom," Guy said.

She also ordered him to start his community service, get counseling, attend a victim awareness program and write an essay about it and write letters to the victims.

Rowland said she was disappointed (he) was not sent to a camp immediately. Sidawi declined comment.